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TAYE v. AMUNDSON

December 22, 1995

MENGISTU TAYE, Plaintiff,
v.
BETH AMUNDSON, Defendant.



The opinion of the court was delivered by: SPORKIN

 This matter comes before the Court on defendant's motion to dismiss the complaint. Plaintiff, a former employee of George Washington University, alleges that defendant discriminated against him based on his race and national origin, in violation of Title VII of the Civil Rights Act of 1964. 42 U.S.C. § 2000e et seq. Plaintiff is proceeding pro se.

 BACKGROUND

 Plaintiff was employed by the George Washington University from June 1987 until January 6, 1993. The complaint indicates that, for the last three years of his employment, plaintiff worked as a parking lot attendant under the supervision of Beth Amundson. Plaintiff alleges that Ms. Amundson subjected him to harassment and discriminatory conditions. He further alleges that he was given "false write-ups" and denied a raise. Plaintiff alleges that such treatment was discrimination based on his race (black) and national origin (Ethiopian).

 Plaintiff previously filed a complaint in the United States District Court for the District of Columbia, alleging employment discrimination based on these same facts. That complaint was dismissed without prejudice on August 8, 1995, for failure to exhaust administrative remedies, as required by 42 U.S.C. § 2000e-5(b), (e) and (f) (1984).

 Subsequently, plaintiff filed charges with the Equal Employment Opportunity Commission (EEOC). On March 17, 1995, the EEOC issued a right-to-sue notice against George Washington University (GWU). The notice indicated that (GWU) denied plaintiff's allegations of discrimination. GWU further claimed that it put plaintiff on probation for poor performance, that it followed its established discipline procedures, including giving plaintiff no fewer than 29 written warnings. The EEOC found that the evidence did not establish a violation of Title VII.

 
THE CHARGING PARTY MAY ONLY PURSUE THIS MATTER FURTHER BY FILING SUIT AGAINST THE RESPONDENT NAMED IN THE CHARGE IN FEDERAL DISTRICT COURT WITHIN 90 DAYS OF THE CHARGING PARTY'S RECEIPT OF THIS LETTER. Therefore, if a suit is not filed within this 90 day period, the Charging Party's right to sue will be lost.

 Despite this clear notification of the 90 day period for filing suit, plaintiff did not bring suit until October 19, 1995, seven months after the issuance of the right-to-sue notice.

 Defendant seeks dismissal of the complaint on three grounds: (1) that the complaint was not filed within the required 90 day period; (2) that plaintiff cannot maintain Title VII action against his former supervisor in her individual capacity; and (3) that defendant (Beth Amundson) was not the respondent (GWU) in the underlying EEOC charge. Because the Court finds that complaint should be dismissed as time-barred, the Court does not reach defendant's second and third arguments.

 STANDARD

 In ruling on a motion to dismiss for failure to state a claim upon which relief may be granted, the Court must accept as true each of the allegations in the complaint. The motion should not be granted unless it appears that the plaintiff can prove no set of facts entitling him or her to the relief sought in the complaint. See, e.g., Conley v. Gibson, 355 U.S. 41, 45-46, 2 L. Ed. 2d 80, 78 S. Ct. 99 (1977).

 DISCUSSION

 A private action brought to enforce a right arising under Title VII must be filed "within 90 days after the giving of [] notice" of a right to sue. 42 U.S.C. § 2000e-5(f)(1). Although timeliness is an essential element of a Title VII claim, the complaint did not ...


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